Apalla U. Chopra

Partner

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Apalla Chopra is Chair of O’Melveny’s Labor and Employment Practice, and a member of the Firm’s Policy Committee. She specializes in litigating complex multi-plaintiff and class action discrimination and wage and hour cases. Her experience is broad as she has represented clients in cases regarding employee allegations of invasion of privacy, wrongful discharge, and discrimination based on age, race, gender, national origin, physical handicap, and related matters. Apalla also conducts independent investigations into high profile allegations of employee misconduct on behalf of companies, boards and special committees. She has represented clients in traditional labor matters under the National Labor Relations Act and Educational Employment Relations Act, and has experience negotiating collective bargaining agreements and executive employment contracts. In addition, Apalla is among a handful of lawyers colleges and universities turn to for their most complex and high profile legal challenges, including Title IX and Clery Act investigations and follow-on litigation into their handling of sexual assault allegations.

Apalla’s industry experience is likewise broad, as she has represented companies in the biotechnology, manufacturing, utility, health, retail, hospitality, private and public schools, and entertainment sectors.

Apalla has repeatedly been recognized by Chambers USA and Legal500 as a leading lawyer and also has been named by the Daily Journal as one of the Top 100 lawyers in California, a top Labor and Employment lawyer, and a top woman lawyer. She also has been recognized as a “Rainmaker” by Diversity & the Bar and in “Women Worth Watching” by Diversity Journal.

“Company & Employee Use of Social Media: Using Social Media to Your Advantage While Maintaining Privacy and Protection,” ACI’s 12th National Privacy & Security of Consumer and Employee Information Conference (July 2012)

Leading strategic response to a government investigation related to alleged systemic gender discrimination, harassment, and retaliation for a technology company

Leading strategic response to a government investigation related to alleged systemic gender discrimination for an entertainment company

Served as independent counsel to the University of Virginia's Board of Visitors in connection with the investigation into the University's handling of reports by students of sexual assault

Represented a private university in connection with the Department of Education's Office of Civil Rights (OCR) investigation into the College’s Title IX policies and processes, focusing on how it processes and reports students' complaints of sexual misconduct. After a three year investigation, the OCR “found a campus actively engaged in important work to satisfy Title IX responsibilities for all students." Also representing the college in connection with threatened litigation related to the same issues and in two proceedings brought by respondents challenging their suspension and/or expulsion from the school as a result of sexual assault investigations

Represented a large private, religious university in multiple Department of Education's Office of Civil Rights investigations into the university’s response to sexual misconduct allegations

Representing Claremont McKenna College in a lawsuit challenging the enforcement of the College's sexual misconduct policy

Achieved a summary judgment victory for Harvard University in a high-profile Title IX lawsuit alleging that the University failed to respond appropriately to a student’s allegations of sexual assault

Representing a large university in a lawsuit alleging it failed to follow the proper policies and procedures when enforcing the University's sexual misconduct policy

Performed an investigation on behalf of the board of trustees for a private college into the misreporting of admissions statistics; aided the College in addressing the employment issues emanating from the investigation, and strategically managing communications to the press, the College's internal and external community, third-party private rating institutions as well as the College's government regulators

Discrimination

Representinga multinational technology company in a pay equity class action alleging that the company discriminated against women employees in terms of pay and promotions

Representing a major investment bank in a disability discrimination case alleging, among other things, failure to accommodate, failure to engage in the interactive process and discrimination

Represented a major Hollywood motion picture and television studio in a class action race discrimination lawsuit brought by an African American director; successfully moved to dismiss lawsuit

Represented a major Hollywood studio and network in a class action age discrimination claim brought by television writers; successfully moved to dismiss lawsuit multiple times

Represented a public school district in successfully resolving a discrimination complaint filed against the District by a parent under Title VI. The US Department of Education, Office for Civil Rights (OCR), found no violation. Assisted the District in complying with OCR's training and informational requirements. Provide the District with day-to-day labor and employment counseling on various matters

Wage & Hour

Representing a major investment bank in a several putative wage and hour class actions alleging, among other things, that the bank failed to reimburse employees for necessary business expenditures

Represented Coldwell Banker in a class action challenging whether the company's sales agents (or brokers) should be classified as independent contractors (as they are) or as employees. By working with the company to issue new independent contractor agreements, significantly reduced the potential class and negotiated a favorable settlement agreement

Represented DeVry Inc. in a number of cases, including a class action alleging class room facilitators were improperly classified as independent contractors. Secured dismissal of class action through negotiation and settled Plaintiff's individual claim on favorable terms

Neutralized a wage and hour class action on behalf of DIRECTV when a judge in the Los Angeles Superior Court granted DIRECTV's motion to compel arbitration. This was a significant win for our client, allowing DIRECTV to arbitrate with the plaintiff on an individual basis and not face a class action lawsuit in court

Represented a large media company in a PAGA action where the plaintiff alleged violations of California wage-and-hour laws. Successfully dismissed the representative action and favorably settled the individual claims

Traditional Labor

Provides legal advice to public and private employers in labor negotiations and election proceedings

Provides strategic legal advice to public and private employers regarding collective bargaining negotiations, leading to the declaration of impasse and unilateral implementation (without legal challenge)

Provides strategic legal advice regarding the implementation of the Affordable Care Act across a nationwide workforce of over 60,000 employees consisting of unionized (over 20 different bargaining units) and non-unionized employees

Represented a multinational media and entertainment company in a union campaign brought by the International Alliance of Theatrical Stage Employees (IATSE) to organize a group of stage and prop assembly workers. Blocked attempt by IATSE to hold an election to determine whether group should join a larger, preexisting bargaining unit already represented by IATSE. Subsequent attempt by IATSE to organize group as a separate bargaining unit rejected by workers